157 Ky. 55 | Ky. Ct. App. | 1914
Opinion op the Court by
Affirming.
On November 6, 1912, G. B. Hayden, Committee for N. Almyra Hayden, instituted an action in the Graves Circuit Court, seeking the*annulment of a deed executed by N. Almyra Hayden to R. L. Cash, on January 7,1898, on the ground that* at the time of the execution of said conveyance, said N. Almyra Hayden was, as alleged, of unsound mind and without sufficient mental capacity to make said conveyance; and also on the ground of fraud and collusion of defendant and’ said Almyra Hayden’s then husband in inducing the execution thereof. The chancellor upon the trial dismissed the petition, and plaintiff appeals.
It appears from the evidence that N. Almyra Hayden first married George Hayden; that they lived on the land in controversy a number of years. By him she had several children. After his death in December, 1894, she qualified as statutory guardian for said children, there being some money belonging to them. On January 7, 1898, she settled this trust, turning same over to the Graves County Banking & Trust Company, and on the same day executed the deed herein sought to be avoided. She had re-married within about a year after the death of her first husband, her second husband being Sylvester Hayden. He assisted her in making the sale of their land, and joined with her in the conveyance thereof; and they then moved to Arkansas. After living there a year or two they returned to Kentucky, and thereafter Sylvester Hayden obtained a divorce from her. On November 8, 1912, N. Almyra Hayden upon inquest in the Graves County Court was found to be of unsound mind; and the plaintiff, her son, was appointed her committee, evidently for the purpose of instituting this action.
Some weight should be given to the fact that although Almyra Hayden returned to Kentucky only a year or two after the execution of the deed herein sought to be annulled, this action was not instituted until nearly fifteen years after the conveyance was made. Her son, the plaintiff, was twenty-eight years old when this suit was filed', and has a sister older than he is. The fact that the then husband of Almyra Hayden was present and assisted in making the contract o,f sale, with no evidence to support a suspicion that he was in any way trying to aid defendant in cheating her was also doubtless considered by the chancellor. It may also be said as a general rule that the memory of witnesses testifying concerning the mental
Upon a consideration of the whole record, the mind is left in doubt; the finding of the chancellor is not so opposed to the weight of the evidence as would justify our setting it aside; and the judgment, therefore, is affirmed'.